Safety Zone; Sacramento New Year's Eve, Fireworks Display, Sacramento, CA, 80717-80720 [2010-32192]
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Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Rules and Regulations
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management,
Regulation and Enforcement
30 CFR Part 250
[Docket ID: BOEM–2010–0034]
RIN 1010–AD68
Increased Safety Measures for Energy
Development on the Outer Continental
Shelf; Availability, Initial Regulatory
Flexibility Analysis
Bureau of Ocean Energy
Management, Regulation and
Enforcement (BOEMRE), Interior.
ACTION: Availability of an Initial
Regulatory Flexibility Analysis.
AGENCY:
In the Federal Register of
October 14, 2010, BOEM published an
interim final rule implementing certain
safety measures recommended in the
report entitled, ‘‘Increased Safety
Measures for Energy Development on
the Outer Continental Shelf’’ (Safety
Measures Report). The President
directed the Department of the Interior
to develop the Safety Measures Report
to identify measures necessary to
improve the safety of oil and gas
exploration and development on the
Outer Continental Shelf in light of the
Deepwater Horizon event on April 20,
2010, and resulting oil spill. To
implement the practices recommended
in the Safety Measures Report, the
Bureau of Ocean Energy Management,
Regulation and Enforcement is
amending drilling regulations related to
well control, including: subsea and
surface blowout preventers, well casing
and cementing, secondary intervention,
unplanned disconnects, recordkeeping,
well completion, and well plugging.
This document provides the official
BOEMRE notice of availability for the
Initial Regulatory Flexibility Analysis
(IRFA) for that interim rule and
provides opportunity for comment.
DATES: Submit comments by January 24,
2011. BOEMRE may not fully consider
comments received after this date.
ADDRESSES: You may submit comments
on the IRFA by any of the following
methods. Please use the Regulation
Identifier Number (RIN) ‘‘1010–AD68
IRFA’’ as an identifier in your message.
• Federal eRulemaking Portal: https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2010–0034 then click search. Follow the
instructions to submit public comments
and view other supporting and related
materials available for this Notice.
BOEMRE will post all comments for this
IRFA.
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SUMMARY:
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• Mail or hand-carry comments to the
Department of the Interior; Bureau of
Ocean Energy Management, Regulation
and Enforcement; Attention:
Regulations and Standards Branch
(RSB); 381 Elden Street, MS–4024,
Herndon, Virginia 20170–4817. Please
reference ‘‘Increased Safety Measures for
Energy Development on the Outer
Continental Shelf, 1010–AD68, IRFA’’ in
your comments and include your name
and return address.
FOR FURTHER INFORMATION CONTACT:
Amy C. White, Bureau of Ocean Energy
Management, Regulation and
Enforcement, Office of Offshore
Regulatory Programs, Regulations and
Standards Branch, 703–787–1665,
amy.white@boemre.gov.
SUPPLEMENTARY INFORMATION: This
Notice is published pursuant to
Regulatory Flexibility Act (5 U.S.C. 603)
as a matter of information to the public
and to solicit comments on the analysis
for the Interim Final Rule, Increased
Safety Measures for Energy
Development on the Outer Continental
Shelf (OCS). The preparation of this
IRFA is an important step in the process
for compliance with the Regulatory
Flexibility Act (RFA). The RFA requires
agencies to consider the impact of their
regulatory proposals on small entities,
analyze alternatives, and make the
analysis available for public comment.
BOEMRE has updated the estimated
compliance costs and small business
impacts from the projections reported in
the Regulatory Flexibility Analysis of
the Safety Measures Rule. These
changes are minor and mostly result
from updated categorization of
companies operating on the OCS and
analysis of the number of wells drilled
by small and large companies rather
than only by lease ownership.
Our updated analysis shows there are
currently about 140 Operators of Federal
oil and gas OCS leases. Small entities
that operate under the requirements of
the Safety Measures Rule are coded
under the Small Business NAICS codes
211111, Crude Petroleum and Natural
Gas Extraction and 213111, Drilling Oil
and Gas Wells. For these NAICS code
classifications, a small company is one
with fewer than 500 employees. Based
on this criterion applied to the NAICS
codes, approximately 90 (64 percent) of
the companies operating on the OCS are
considered small companies and 50 (36
percent) are considered large
companies.
We estimate that about 90 percent of
the regulatory costs will be imposed on
deepwater lessees where small
businesses only hold 8 percent of the
leases and drill 12 percent of the wells.
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About 10 percent of the total costs will
apply to shallow water leases where
small companies hold 45 percent of
OCS leases and also drill 45 percent of
the wells. As a share of fiscal year 2009
revenues, this interim final rule is
estimated to cost approximately 0.57
($0.156/$27.2) percent of OCS revenue
for large companies and 0.66 ($0.027/
$4.1) percent for small companies.
The analysis can be obtained through
the Federal eRulemaking Portal: https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter BOEM–
2010–0034 then click search. You may
also request a copy through Amy C.
White, Bureau of Ocean Energy
Management, Regulation and
Enforcement, Office of Offshore
Regulatory Programs, Regulations and
Standards Branch, 703–787–1665,
amy.white@boemre.gov.
Comments on this IRFA will be
considered and any changes to the
regulation as a result of these comments
will be included in the RIN 1010–AD68,
Increased Safety Measures for Energy
Development on the Outer Continental
Shelf when the final regulation is
published. The Safety Measures Rule
was published in the Federal Register
on October 14, 2010 (75 FR 63346) and
comments are being accepted on the
rule until December 13, 2010.
Dated: December 6, 2010.
Robert P. LaBelle,
Acting Associate Director for Offshore Energy
and Minerals Management.
[FR Doc. 2010–32173 Filed 12–22–10; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–1079]
RIN 1625–AA00
Safety Zone; Sacramento New Year’s
Eve, Fireworks Display, Sacramento,
CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
support of the Sacramento New Year’s
Eve Fireworks Display. From 8:45 p.m.
on December 31, 2010 until 12:25 a.m.
on January 1, 2011, pyrotechnics will be
launched from shore over the
Sacramento River and from the center of
the Tower Lift Bridge on the Sacramento
River. The fireworks displays will occur
SUMMARY:
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from 8:45 p.m. to 9:25 p.m. on
December 31, 2010 and from 11:45 p.m.
on December 31, 2010 until 12:25 a.m.
on January 1, 2011. This safety zone is
established to ensure the safety of
participants and spectators from the
dangers associated with the
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port or her designated
representative.
DATES: This rule is effective from 6 p.m.
on December 31, 2010 until 12:25 a.m.
on January 1, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
1079 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–1079 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Lieutenant Junior Grade
Allison Natcher at 415–399–7442, or email D11-PF-MarineEvents@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event would occur before the
rulemaking process would be
completed. Because of the dangers
posed by the pyrotechnics used in these
fireworks displays, the safety zones are
necessary to provide for the safety of
event participants, spectators, spectator
craft, and other vessels transiting the
event area. For the safety concerns
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noted, it is in the public interest to have
these regulations in effect during the
event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Any delay in the effective date
of this rule would expose mariners to
the dangers posed by the pyrotechnics
used in the fireworks display.
Background and Purpose
The Sacramento Convention and
Visitors Bureau will sponsor the
Sacramento New Year’s Eve Fireworks
Displays from 8:45 p.m. until 9:25 p.m.
on December 31, 2010 and 11:45 p.m.
on December 31, 2010 through 12:25
a.m. on January 1, 2011. The fireworks
displays are for entertainment purposes.
A safety zone is necessary to protect
spectators, vessels, and other property
from the hazards associated with
pyrotechnics. The Coast Guard has
granted the event sponsor a marine
event permit for the fireworks displays.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone in order to
protect spectators, vessels, and other
property from the hazards associated
with the planned pyrotechnics. From 6
p.m. until 8:45 p.m. on December 31,
2010, the temporary safety zone will
extend 100 feet from the center of the
Tower Lift Bridge at position
38°34′48.26″ N, 121°30′38.52″ W over
the Sacramento River. During the
fireworks displays from 8:45 p.m. until
9:25 p.m. on December 31, 2010 and
from 11:45 on December 31, 2010 until
12:25 a.m. on January 1, 2011, the area
to which the temporary safety zone
applies will increase in size to
encompass the navigable waters around
the fireworks launch sites located 600
feet from the launch sites at positions
38°34′48.26″ N, 121°30′38.52″ W and
38°34′49.84″ N, 121°30′29.59″ W. At
12:25 a.m., January 1, 2011, the safety
zone shall terminate.
The effect of the temporary safety
zones will be to restrict navigation in
the vicinity of the fireworks sites while
the fireworks are set up, and until the
conclusion of the scheduled displays.
Except for persons or vessels authorized
by the Coast Guard Patrol Commander,
no person or vessel may enter or remain
in the restricted area. These regulations
are needed to keep spectators and
vessels a safe distance away from the
fireworks barges to ensure the safety of
participants, spectators, and transiting
vessels.
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Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this rule restricts access to
the waters encompassed by the safety
zones, the effect of this rule will not be
significant. The entities most likely to
be affected are pleasure craft engaged in
recreational activities. In addition, the
rule will only restrict access for a
limited time. Finally, the Public
Broadcast Notice to Mariners will notify
the users of local waterway to ensure
that the safety zone will result in
minimum impact.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
Although this rule may affect owners
and operators of pleasure craft engaged
in recreational activities and
sightseeing, it will not have a significant
economic impact on a substantial
number of small entities for several
reasons: (i) This rule will encompass
only a small portion of the waterway for
a limited period of time; (ii) vessel
traffic can pass safely around the area;
(iii) vessels engaged in recreational
activities and sightseeing have ample
space outside of the affected areas of
Sacramento, CA to engage in these
activities; and (iv) the maritime public
will be advised in advance of this safety
zone via Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
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minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 0023.1 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing, disestablishing, or
changing Regulated Navigation Areas
and security or safety zones. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T11–379 to read as
follows:
■
§ 165.T11–379 Safety Zone; Sacramento
New Year’s Eve, Fireworks Display,
Sacramento, CA.
(a) Location. During the loading of the
fireworks onto the Tower Lift Bridge in
Sacramento, CA, on December 31, 2010
at 6 p.m. and until the start of the
fireworks displays at 8:45 p.m., the
temporary safety zone is established for
100 feet from the center of the Tower
Lift Bridge at position 38°34′48.26″ N,
121°30′38.52″ W over the Sacramento
River. During the fireworks displays
from 8:45 p.m. to 9:25 p.m. on
December 31, 2010 and from 11:45 p.m.
on December 31, 2010 until 12:25 a.m.
on January 1, 2011, the safety zone will
extend 600 feet from fireworks launch
site positions 38°34′48.26″ N,
121°30′38.52″ W (NAD 83) and
38°34′49.84″ N, 121°30′29.59″ W (NAD
83). At 12:25 a.m. on January 1, 2011,
this safety zone shall terminate.
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Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Rules and Regulations
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations.
(1) Under the general regulations in
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
COTP or the COTP’s designated
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or the designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–16 or through the 24hour Command Center at telephone
415–399–3547.
(d) Enforcement period. This section
will be enforced from 6 p.m. to 9:25
p.m. on December 31, 2010 and from
11:45 p.m. on December 31, 2010 until
12:25 a.m. on January 1, 2011.
Dated: December 10, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
Effective Date: This correction is
effective December 23, 2010.
DATES:
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT:
National Oceanic and Atmospheric
Administration
Dennis Foley, Deputy Assistant General
Counsel (025), Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (202) 461–4998.
(This is not a toll-free number.)
VA
published two documents in the
Federal Register, an interim final rule
on May 19, 2008 (73 FR 29024) and a
final rule on February 8, 2010 (75 FR
6098), which implement portions of the
Veterans Benefits, Health Care, and
Information Technology Act of 2006.
The regulatory text of § 74.4(c)(4) and
(f)(2) contains a typographical error.
This document corrects the
typographical error by removing ‘‘(d)(1)’’
and adding, in each place, ‘‘(f)(1)’’.
SUPPLEMENTARY INFORMATION:
List of Subjects in 38 CFR Part 74
Administrative practice and
procedures, Privacy, Reporting and
recordkeeping requirements, Small
business, Veteran, Veteran-owned small
business, Verification.
William F. Russo,
Director of Regulations Management, Office
of the General Counsel, Department of
Veterans Affairs.
For the reason set out in the preamble,
VA is correcting 38 CFR part 74 as
follows.
■
PART 74—VETERANS SMALL
BUSINESS REGULATIONS
1. The authority citation for part 74
continues to read as follows:
■
[FR Doc. 2010–32192 Filed 12–22–10; 8:45 am]
BILLING CODE 9110–04–P
Authority: 38 U.S.C. 501, 513, and as
noted in specific sections.
DEPARTMENT OF VETERANS
AFFAIRS
§ 74.4
2. Amend § 74.4 as follows:
■ a. In paragraph (c)(4), remove ‘‘(d)(1)’’
and add, in its place, ‘‘(f)(1)’’.
■ b. In paragraph (f)(2) introductory
text, remove ‘‘(d)(1)’’ and add, in its
place, ‘‘(f)(1)’’.
■
38 CFR Part 74
RIN 2900–AM78
VA Veteran-Owned Small Business
Verification Guidelines; Correction
Department of Veterans Affairs.
Correcting amendment.
AGENCY:
ACTION:
[Corrected]
[FR Doc. 2010–32226 Filed 12–22–10; 8:45 am]
BILLING CODE 8320–01–P
VA published two documents
in the Federal Register, an interim final
rule on May 19, 2008 (73 FR 29024) and
a final rule on February 8, 2010 (75 FR
6098), which implement portions of the
Veterans Benefits, Health Care, and
Information Technology Act of 2006.
Both documents contain a typographical
error in a cross reference citation. This
document corrects that error.
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SUMMARY:
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50 CFR Part 648
[Docket No. 100818375–0600–02]
RIN 0648–XX84
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Final Rule to Implement
Addenda to 17 Fishing Year (FY) 2010
Sector Operations Plans and Contracts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
addenda to add exemptions from certain
Federal fishing regulations to some or
all Northeast (NE) multispecies sector
operations plans that were previously
approved by the final sector rule
published April 9, 2010. That rule
approved FY 2010 sector operations
plans and contracts for, and made
allocations of Annual Catch
Entitlements (ACE) to, 17 sectors in the
NE multispecies fishery. In addition,
this action approves an exemption
functionally equivalent to the Gulf of
Maine (GOM) Haddock Sink Gillnet
Pilot Program for FY 2010 sectors
(proposed in Amendment 16 to the NE
Multispecies Fishery Management Plan
(FMP) for both common pool and sector
vessels, but disapproved by NMFS),
since this program would be more
controlled for sectors and unlikely to
compromise efforts to eliminate
overfishing and rebuild overfished
stocks. The exemptions are intended to
provide additional flexibility and
improve profitability for sector vessels.
DATES: Effective December 23, 2010,
through April 30, 2011.
ADDRESSES: Copies of addenda to the FY
2010 sector operations plans and
contracts, and the supplemental
environmental assessment (EA), are
available from the NMFS NE Regional
Office: Patricia A. Kurkul, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. These
documents are also accessible via the
Federal eRulemaking Portal: https://
www.regulations.gov. A Final
Regulatory Flexibility Analysis (FRFA)
was prepared for this final rule and is
comprised of the EA, the preamble, and
the Classification sections of the final
rule.
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Rules and Regulations]
[Pages 80717-80720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32192]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-1079]
RIN 1625-AA00
Safety Zone; Sacramento New Year's Eve, Fireworks Display,
Sacramento, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in
support of the Sacramento New Year's Eve Fireworks Display. From 8:45
p.m. on December 31, 2010 until 12:25 a.m. on January 1, 2011,
pyrotechnics will be launched from shore over the Sacramento River and
from the center of the Tower Lift Bridge on the Sacramento River. The
fireworks displays will occur
[[Page 80718]]
from 8:45 p.m. to 9:25 p.m. on December 31, 2010 and from 11:45 p.m. on
December 31, 2010 until 12:25 a.m. on January 1, 2011. This safety zone
is established to ensure the safety of participants and spectators from
the dangers associated with the pyrotechnics. Unauthorized persons or
vessels are prohibited from entering into, transiting through, or
remaining in the safety zone without permission of the Captain of the
Port or her designated representative.
DATES: This rule is effective from 6 p.m. on December 31, 2010 until
12:25 a.m. on January 1, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-1079 and are available online
by going to https://www.regulations.gov, inserting USCG-2010-1079 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Junior Grade Allison Natcher at 415-
399-7442, or e-mail D11-PF-MarineEvents@uscg.mil. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event would occur before the
rulemaking process would be completed. Because of the dangers posed by
the pyrotechnics used in these fireworks displays, the safety zones are
necessary to provide for the safety of event participants, spectators,
spectator craft, and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have these
regulations in effect during the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this rule would expose mariners to the dangers posed by the
pyrotechnics used in the fireworks display.
Background and Purpose
The Sacramento Convention and Visitors Bureau will sponsor the
Sacramento New Year's Eve Fireworks Displays from 8:45 p.m. until 9:25
p.m. on December 31, 2010 and 11:45 p.m. on December 31, 2010 through
12:25 a.m. on January 1, 2011. The fireworks displays are for
entertainment purposes. A safety zone is necessary to protect
spectators, vessels, and other property from the hazards associated
with pyrotechnics. The Coast Guard has granted the event sponsor a
marine event permit for the fireworks displays.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone in order to
protect spectators, vessels, and other property from the hazards
associated with the planned pyrotechnics. From 6 p.m. until 8:45 p.m.
on December 31, 2010, the temporary safety zone will extend 100 feet
from the center of the Tower Lift Bridge at position 38[deg]34'48.26''
N, 121[deg]30'38.52'' W over the Sacramento River. During the fireworks
displays from 8:45 p.m. until 9:25 p.m. on December 31, 2010 and from
11:45 on December 31, 2010 until 12:25 a.m. on January 1, 2011, the
area to which the temporary safety zone applies will increase in size
to encompass the navigable waters around the fireworks launch sites
located 600 feet from the launch sites at positions 38[deg]34'48.26''
N, 121[deg]30'38.52'' W and 38[deg]34'49.84'' N, 121[deg]30'29.59'' W.
At 12:25 a.m., January 1, 2011, the safety zone shall terminate.
The effect of the temporary safety zones will be to restrict
navigation in the vicinity of the fireworks sites while the fireworks
are set up, and until the conclusion of the scheduled displays. Except
for persons or vessels authorized by the Coast Guard Patrol Commander,
no person or vessel may enter or remain in the restricted area. These
regulations are needed to keep spectators and vessels a safe distance
away from the fireworks barges to ensure the safety of participants,
spectators, and transiting vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Although this rule restricts access to the waters encompassed by
the safety zones, the effect of this rule will not be significant. The
entities most likely to be affected are pleasure craft engaged in
recreational activities. In addition, the rule will only restrict
access for a limited time. Finally, the Public Broadcast Notice to
Mariners will notify the users of local waterway to ensure that the
safety zone will result in minimum impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
Although this rule may affect owners and operators of pleasure
craft engaged in recreational activities and sightseeing, it will not
have a significant economic impact on a substantial number of small
entities for several reasons: (i) This rule will encompass only a small
portion of the waterway for a limited period of time; (ii) vessel
traffic can pass safely around the area; (iii) vessels engaged in
recreational activities and sightseeing have ample space outside of the
affected areas of Sacramento, CA to engage in these activities; and
(iv) the maritime public will be advised in advance of this safety zone
via Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 80719]]
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing,
disestablishing, or changing Regulated Navigation Areas and security or
safety zones. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T11-379 to read as follows:
Sec. 165.T11-379 Safety Zone; Sacramento New Year's Eve, Fireworks
Display, Sacramento, CA.
(a) Location. During the loading of the fireworks onto the Tower
Lift Bridge in Sacramento, CA, on December 31, 2010 at 6 p.m. and until
the start of the fireworks displays at 8:45 p.m., the temporary safety
zone is established for 100 feet from the center of the Tower Lift
Bridge at position 38[deg]34'48.26'' N, 121[deg]30'38.52'' W over the
Sacramento River. During the fireworks displays from 8:45 p.m. to 9:25
p.m. on December 31, 2010 and from 11:45 p.m. on December 31, 2010
until 12:25 a.m. on January 1, 2011, the safety zone will extend 600
feet from fireworks launch site positions 38[deg]34'48.26'' N,
121[deg]30'38.52'' W (NAD 83) and 38[deg]34'49.84'' N,
121[deg]30'29.59'' W (NAD 83). At 12:25 a.m. on January 1, 2011, this
safety zone shall terminate.
[[Page 80720]]
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations.
(1) Under the general regulations in Sec. 165.23, entry into,
transiting, or anchoring within this safety zone is prohibited unless
authorized by the COTP or the COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or the designated representative. Persons and vessels
may request permission to enter the safety zones on VHF-16 or through
the 24-hour Command Center at telephone 415-399-3547.
(d) Enforcement period. This section will be enforced from 6 p.m.
to 9:25 p.m. on December 31, 2010 and from 11:45 p.m. on December 31,
2010 until 12:25 a.m. on January 1, 2011.
Dated: December 10, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-32192 Filed 12-22-10; 8:45 am]
BILLING CODE 9110-04-P
